Date of publication

HOLIDAY ENTITLEMENT IN EMPLOYMENT

The first call was from a young woman who had just been offered a job. She had been told her holiday entitlement but wondered if she should get public holidays as well.

As soon as she hung up the phone rang. The caller was a small employer who had just taken on a new employee. Did she have to give public holidays on top of statutory holidays?

Confidentiality meant I could not tell either of them that the other had called but they both got exactly the same information.

Statutory Holidays, which you are legally bound to have, are a minimum of 5.6 multiplied by the days in a week that you work. If you work five days a week this is 28 days and it includes bank and public holidays so Christmas Day, New Years Day or Easter all come out of this.

Your employer can tell you when to take your holidays, providing they give correct notice. If they want to shut down over Christmas or at any time they can tell you to save holiday for this. You can ask to take holidays whenever you like, provided that you give correct notice, but your employer does not have to agree and they theoretically could expect you to work bank and public holidays.

This is the Statutory minimum that you are guaranteed by law but your Contract of Employment may give you more generous holidays and public holidays and tell you when to book them.

You can drop in at the CAB on New Row, off the Old High Street, any weekday morning between 10 am and noon or call 01738 450581 for an afternoon appointment. Or call 01738 450580 for advice on the phone. This line can be very busy but there is also the very informative web site. www.adviceguide.org.uk – remember to click the Scotland tab